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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. FAA-2022-1650; Project Identifier MCAI-2022-00210-T]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration (FAA), DOT.
 ACTION: Supplemental notice of proposed rulemaking (SNPRM).
 SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM) and an SNPRM that would have applied to certain Airbus Canada Limited Partnership Model BD-500-1A11 airplanes. This action revises the SNPRM by adding airplanes. The FAA is proposing this airworthiness directive (AD) to address the unsafe condition on 
                        ( print page 12789)
                        these products. Since these actions would impose an additional burden over those in the NPRM and previous SNPRM, the FAA is requesting comments on this SNPRM.
 DATES: The FAA must receive comments on this SNPRM by April 5, 2024.
 ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: *Federal eRulemaking Portal:*
                         Go to 
                        *regulations.gov.*
                         Follow the instructions for submitting comments.
                    *Fax:*
                         202-493-2251.
                    *Mail:*
                         U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    *Hand Delivery:*
                         Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. *AD Docket:*
                         You may examine the AD docket at 
                        *regulations.gov*
                         under Docket No. FAA-2022-1650; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the notice of proposed rulemaking (NPRM), original SNPRM, this SNPRM, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above. *Material Incorporated by Reference:* For Transport Canada material that is proposed for incorporation by reference in this SNPRM, contact Transport Canada, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-3639; email*TC.AirworthinessDirectives-Consignesdenavigabilite.TC@tc.gc.ca;*
                         website 
                        *tc.canada.ca/en/aviation.*
                         It is also available at regulations.gov under Docket No. FAA-2022-1650.
                    For Airbus Canada Limited Partnership material that is proposed for incorporation by reference in this SNPRM, contact Airbus Canada Limited Partnership, 13100 Henri-Fabre Boulevard, Mirabel, Québec, J7N 3C6, Canada; telephone 450-476-7676; email*a220_crc@abc.airbus;*
                         website 
                        *a220world.airbus.com.*
                    You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.
 FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; email 
                        *9-avs-nyaco-cos@faa.gov.*


SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under 
                    **ADDRESSES**
                    . Include “Docket No. FAA-2022-1650; Project Identifier MCAI-2022-00210-T” at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this proposal because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this SNPRM. Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this SNPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this SNPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as “PROPIN.” The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this SNPRM. Submissions containing CBI should be sent to Steven Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; email 
                    *9-avs-nyaco-cos@faa.gov.*
                     Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD that would apply to certain Airbus Canada Limited Partnership Model BD-500-1A11 airplanes. The NPRM published in the 
                    **Federal Register**
                     on December 20, 2022 (87 FR 77763). The NPRM was prompted by AD CF-2022-04, dated February 14, 2022, issued by Transport Canada, which is the aviation authority for Canada (Transport Canada AD CF-2022-04). Transport Canada AD CF-2022-04 states that the nose radome lightning diverter strips on certain aircraft were painted in production; paint on the diverter strips can compromise the nose radome lightning protection. Reduced effectiveness of the diverter strips can lead to the puncture of the nose radome by lightning and potential arc attachment to antennas, structures, and other equipment in the area of the nose radome. The unsafe condition, if not addressed, could result in damage to the localizer or glideslope antennas, and consequent loss of instrument landing system localizer inputs or deviation information. In the NPRM, the FAA proposed to require inspecting for paint on the diverter strips on the nose radome, and replacing the nose radome, if necessary, as specified in Transport Canada AD CF-2022-04. The FAA issued an SNPRM to amend 14 CFR part 39 by adding an AD that would apply to certain Airbus Canada Limited Partnership Model BD-500-1A11 airplanes. The SNPRM published in the 
                    **Federal Register**
                     on July 14, 2023 (88 FR 45102). The SNPRM was prompted by a determination that the applicability should be revised because the affected nose radomes may be installed as rotable spares on airplanes outside of the applicability of the NPRM, thereby subjecting those airplanes to the identified unsafe condition. In the SNPRM, the FAA proposed to expand the applicability to apply to airplanes equipped with specific part numbers and serial numbers of nose radomes. Actions Since the SNPRM Was Issued Since the FAA issued the SNPRM, the FAA determined that the applicability of the proposed AD should be revised. The FAA has determined that the affected nose radomes may be installed as rotable spares on the Airbus Canada Limited Partnership Model BD-500-1A10 airplane model, which is currently outside of the applicability of the NPRM and SNPRM, thereby subjecting those airplanes to the identified unsafe condition. Therefore, this proposed AD has been expanded to apply to Model BD-500-1A10 airplanes, as well as Model BD-500-1A11 airplanes, equipped with the specific part numbers and serial numbers previously 
                    ( print page 12790)
                    addressed. The FAA is proposing this AD to address reduced effectiveness of the diverter strips, which could result in damage to the localizer or glideslope antennas, and consequent loss of instrument landing system localizer or deviation information. You may examine the MCAI in the AD docket at 
                    *regulations.gov*
                     under Docket No. FAA-2022-1650. Comments The FAA received comments from the Air Line Pilots Association, International (ALPA), who supported the SNPRM without change. The FAA received additional comments from Delta Airlines. The following presents the comments received on the SNPRM and the FAA's response to each comment. Request for Change to Applicability Delta requested the proposed applicability be changed to include Model BD-500-1A10 airplanes. Delta stated that the nose radome is a rotable component that is also compatible with Model BD-500-1A10 airplanes, as specified in the A220 Illustrated Parts Data Publication (IPDP), and may be moved from the original Model BD-500-1A11 airplane to a Model BD-500-1A10 airplane over time. The FAA agrees with the request to include Model BD-500-1A10 airplanes to the applicability in this proposed AD after verifying with Transport Canada that this model aircraft is affected by the unsafe condition. The FAA has revised paragraph (c) of this proposed AD accordingly. Request for Revision of Affected Part Numbers and Serial Numbers Delta requested the removal of the following part numbers from paragraph (i) of the proposed AD (in the SNPRM): C01204101-003, C01204101-005, C01204101-011. Delta also requested that paragraph (i) of the proposed AD (in the SNPRM) be revised to include the following serial numbers: S456997, S570556, S626945, S866894, T099675, T471773, T595935. Delta stated that Airbus Canada confirmed only the radomes having part and serial numbers specified in paragraph (c) of the proposed AD (in the SNPRM) are affected by the unsafe condition. The FAA agrees with the request for the reasons provided, and has revised paragraph (i) of this proposed AD accordingly. Request for Correction to Issue Date on Reference Material Delta requested the review and, if applicable, correction to the reference issuance date of SB BD500-538009, Issue 001 in paragraph (j) of the proposed AD (in the SNPRM). Delta stated that it believes the issuance date should be May 9, 2022. The FAA agrees with Delta's request to correct the issuance date of SB BD500-538009, Issue 001 from April 8, 2022 to May 9, 2022, and has revised paragraph (j) of this proposed AD accordingly. Related Service Information Under 1 CFR Part 51 Transport Canada AD CF-2022-04 specifies procedures for inspecting for paint on the lightning diverter strips on the nose radome, and replacing the nose radome if the lightning diverter strips are painted. The FAA also reviewed Airbus Canada Limited Partnership A220 Service Bulletin BD500-538009, Issue 002, dated June 2, 2022. This service information specifies procedures for inspecting for paint on the lightning diverter strips on the nose radome, and replacing and painting the nose radome if the lightning diverter strips are painted. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in 
                    **ADDRESSES**
                    . FAA's Determination This product has been approved by the aviation authority of another country and is approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI and service information referenced above. The FAA is issuing this SNPRM after determining that the unsafe condition described previously is likely to exist or develop in other products of the same type design. Certain changes described above expand the scope of the SNPRM. As a result, it is necessary to reopen the comment period to provide additional opportunity for the public to comment on this SNPRM. Proposed AD Requirements in This SNPRM This proposed AD would require accomplishing the actions specified in Transport Canada AD CF-2022-04 described previously, except for any differences identified as exceptions in the regulatory text of this proposed AD. Explanation of Required Compliance Information In the FAA's ongoing efforts to improve the efficiency of the AD process, the FAA developed a process to use some civil aviation authority (CAA) ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, the FAA proposes to incorporate Transport Canada AD CF-2022-04 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with Transport Canada AD CF-2022-04 in its entirety through that incorporation, except for any differences identified as exceptions in the regulatory text of this proposed AD. Service information required by Transport Canada AD CF-2022-04 for compliance will be available at 
                    *regulations.gov*
                     under Docket No. FAA-2022-1650 after the FAA final rule is published. Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 7 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: Estimated Costs for Required Actions
Labor cost
Parts cost
Cost per
                             product
Cost on U.S.
                             operators6 work-hours × $85 per hour = $510
$0 *
$510
$3,570* The FAA has received no definitive data on which to base the parts cost estimate for the nose radome replacement.
 The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some or all of the costs of this proposed AD may be covered under warranty, thereby reducing the cost impact on affected operators.
                    ( print page 12791) Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority. The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings The FAA determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: (1) Is not a “significant regulatory action” under Executive Order 12866, (2) Would not affect intrastate aviation in Alaska, and (3) Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation
Aircraft
Aviation safety
Incorporation by reference
Safety
 The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES
 1.The authority citation for part 39 continues to read as follows: Authority:
                    49 U.S.C. 106(g), 40113, 44701. § 39.13
 2.The FAA amends § 39.13 by adding the following new airworthiness directive: **Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.):**
                         Docket No. FAA-2022-1650; Project Identifier MCAI-2022-00210-T. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by April 5, 2024. (b) Affected ADs None. (c) Applicability This AD applies to Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes, certificated in any category, with a nose radome having part number (P/N) C01204101-007 or P/N C01204101-009 and a serial number (S/N) S456997, S/N S570556, S/N S626945, S/N S866894, S/N T099675, S/N T471773, or S/N T595935. (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Unsafe Condition This AD was prompted by a report that the nose radome lightning diverter strips on certain aircraft were painted in production; paint on the diverter strips can compromise the nose radome lightning protection. The FAA is issuing this AD to address reduced effectiveness of the diverter strips, which can lead to the puncture of the nose radome by lightning and potential arc attachment to antennas, structures, and other equipment in the area of the nose radome. The unsafe condition, if not addressed, could result in damage to the localizer or glideslope antennas, and consequent loss of instrument landing system localizer inputs or deviation information. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements *Except as specified in paragraph (h) of this AD:*
                         Comply with all required actions and compliance times specified in, and in accordance with, Transport Canada AD CF-2022-04, dated February 14, 2022 (Transport Canada AD CF-2022-04). (h) Exception to Transport Canada AD CF-2022-04 (1) Where Transport Canada AD CF-2022-04 refers to its effective date, this AD requires using the effective date of this AD. (2) Where Transport Canada AD CF-2022-04 specifies removing and installing a nose radome using certain aircraft maintenance publication data modules, this AD also allows accomplishing those actions in accordance with Airbus Canada Limited Partnership A220 Service Bulletin BD500-538009, Issue 002, dated June 2, 2022, with the exception that the painting of the nose radome can be accomplished prior to installation, and that the following nose radome assembly part numbers may be used: P/N C01204101-003, P/N C01204101-005, P/N C01204101-007, P/N C01204101-009, and P/N C01204101-011. (i) Parts Installation Limitation As of the effective date of this AD, no person may install, on any airplane, a nose radome having part number (P/N) C01204101-007 or P/N C01204101-009 and a serial number (S/N) S456997, S/N S570556, S/N S626945, S/N S866894, S/N T099675, S/N T471773, or S/N T595935 unless the actions required by paragraph (g) of this AD have been accomplished on the nose radome. (j) Credit for Previous Actions This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Airbus Canada Limited Partnership A220 Service Bulletin BD500-538009, Issue 001, dated May 9, 2022. (k) Additional AD Provisions The following provisions also apply to this AD: (1) 
                        *Alternative Methods of Compliance (AMOCs):*
                         The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the International Validation Branch, mail it to the address identified in paragraph (l)(1) of this AD. Information may be emailed to: 
                        *9-AVS-NYACO-COS@faa.gov.*
                         Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (2) 
                        *Contacting the Manufacturer:*
                         For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or Transport Canada; or Airbus Canada Limited Partnership's Transport Canada Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature. (3) 
                        *Required for Compliance (RC):*
                         Except as required by paragraph (k)(2) of this AD, if any service information contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC, provided the procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC.
                        ( print page 12792) (l) Additional Information (1) For more information about this AD, contact Steven Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; email 
                        *9-avs-nyaco-cos@faa.gov.* (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (m)(4) and (5) of this AD. (m) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) Airbus Canada Limited Partnership A220 Service Bulletin BD500-538009, Issue 002, dated June 2, 2022. (ii) Transport Canada AD CF-2022-04, dated February 14, 2022. (3) For Transport Canada AD CF-2022-04, contact Transport Canada, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-3639; email 
                        *TC.AirworthinessDirectives-Consignesdenavigabilite.TC@tc.gc.ca;*
                         website 
                        *tc.canada.ca/en/aviation.* (4) For Airbus Canada Limited Partnership material incorporated by reference in this AD, contact Airbus Canada Limited Partnership, 13100 Henri-Fabre Boulevard, Mirabel, Québec, J7N 3C6, Canada; telephone 450-476-7676; email 
                        *a220_crc@abc.airbus*; website 
                        *a220world.airbus.com.* (5) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. (6) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit 
                        *www.archives.gov/​federal-register/​cfr/​ibr-locations,*
                         or email 
                        *fr.inspection@nara.gov.* Issued on February 12, 2024. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service.


[FR Doc. 2024-03253 Filed 2-16-24; 8:45 am] BILLING CODE 4910-13-P